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How Much Protection Do Injunctions Against Enforcement Of Allegedly Unconstitutional Statutes Provide?, Vikram David Amar
How Much Protection Do Injunctions Against Enforcement Of Allegedly Unconstitutional Statutes Provide?, Vikram David Amar
Fordham Urban Law Journal
This essay addresses the unresolved effects of preliminary injunctions issued by federal district courts in response to legislation that is possibly unconstitutional. More problematically, set against the backdrop of the "Partial Birth Abortion Ban Act of 2003," the essay asks whether an individual who violates the contested statute after receiving a preliminary injunction from a federal district court may be prosecuted if the statute is later upheld as constitutional. The essay analyzes competing arguments by Justice Stevens and Justice Marshall in Edgar v. MITE Corp., which involved a federal preliminary injunction against enforcement of a state statute. Siding with Justice …